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Judgment
The present application has been moved for seeking transfer
of case filed by the husband under Guardianship and Wards Act,
which is pending before the Learned Family Court-I, Jodhpur to
the Court of District Judge, Tonk.
The applicant out of the wedlock with the non-applicant has
a daughter Naimat, who was born on 15.12.2006 and she is 10
years old. It is applicant''s case that she had been subjected to
cruelty and has filed case under Section 12 of Protection of
Women from Domestic Violence Act, which is pending at Devli,
District Tonk. She submits that it would be very difficult for her to
come alone with minor daughter all the way to Jodhpur for the
purpose of the case which has been filed by the husband, more so
as her child is in a delicate age of only 10 years.
The respondent husband has opposed the application and
states that applicant is well educated and she can travel. Counsel
for the non-applicant has cited one judgment reported in (2003)
11 SCC 731 Gayatri Mohapatra versus Ashit Kumar Panda wherein
the Apex Court rejected the application of transfer on the ground
of difficulty to travel.
Counsel for the applicant has also cited judgment reported in
2013DNJ (SC) 758 Smt. T.Gayatri Devi versus Dr. Tallepaneni
Sreekanth, wherein refusal to transfer the suit was held to be not
justified although the wife was in service.
This Court in case of Ritu Ojha versus Shiv Raj Ojha decided
on 13.12.2016 has held that comparative hardship of the lady
shall have to be looked into for the purpose of deciding the
transfer application relating to matrimonial case.
In view of the facts stated in the application this Court is
satisfied that the applicant has just cause to move the transfer
application.
The application is, accordingly allowed, the suit No.24/14
(Dastgir Ahamad verus Heena) pending before the Court of Family
Court-I is directed to be transferred to the Court of District Judge,
Tonk who may further assign it to the Court at Devli. Both the
parties may appear before the Learned District Judge, Tonk on
13.02.2017.